Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Did you sign any form of contract with them that states the location of the house and lot that you paid for? At the very least, did they give you a receipt for the transaction you made with them?

Look for all the documents in your possession that proves your transaction with them since they can be used as evidence in court. Try to look if there are any terms and conditions there that states refunding conditions or anything that indicates the location of said house and lot.

Last year before we left for work abroad we paid the 20% deposit and all the receipt they have given us does not state the exact location. At the same time they require us to have a representative (which is my brother) to give him SPA to sign all other documents in our behalf. Unfortunately, some of the documents that my brother signed had already full exact location that detailed the property belong to Porac Pampanga instead of Angeles City which was supposedly and agreed in our first deal.

Jay Sarmiento wrote:Last year before we left for work abroad we paid the 20% deposit and all the receipt they have given us does not state the exact location. At the same time they require us to have a representative (which is my brother) to give him SPA to sign all other documents in our behalf. Unfortunately, some of the documents that my brother signed had already full exact location that detailed the property belong to Porac Pampanga instead of Angeles City which was supposedly and agreed in our first deal.

"deal" = signed contract?

Then they have BROKEN the first contract allready, which add chance to favour you,BUT it's risk the contract signed by your brother will be seen as an agreement from your side to accept the new location.

If you cannot find any written agreement on your first deal with Camella, then we are going to have a tough case against them.

Firstly, your brother who signed the contracts with Camella that contained the exact location of Porac was acting as an agent in your behalf. He even has a SPA that authorizes him to execute contracts for you. In our Civil laws, duly authorized agents who acted without bad faith or malice in behalf of their principals (kayo yun) are generally assumed to be acting legally. Unless your brother can produce evidence na niloko sya or may nagmisrepresent sa kanya regarding the contracts he signed, the law assumes he acted in good faith.

Sometimes it's better chance to complain TOGETHER with others with problems with same opponent, because that both split costs and add chance the opponent lose/give up and try to get an agreement outside court. See the other topic in this forum. There you have one

Sir, this site offers FREE legal advice. It has a disclaimer - that "This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues." So sorry that you did not get the relief you sought - however, you definitely had other options other than this site.